Distribution of surplus or reserves to members
357 Distribution of surplus or reserves to members
(1) A distributing co-operative may apply a part of the surplus arising in a year from the business of the co-operative or a part of the reserves of the co‑operative by:
distribution to members as a rebate in proportion to:
(i) the value of business done by each member with the co‑operative; or
(ii) profits earned by the co-operative on business done by each member with the co-operative; or
the issue to members of bonus shares in proportion to:
(i) the value of business done by each member with the co‑operative; or
(ii) profits earned by the co-operative on business done by each member with the co-operative; or
shares held by each member; or
(c) the issue to members of a limited dividend for shares held by each member.
(2) The amount of a rebate payable to a member under subsection (1)(a) may be applied:
(a) in payment for the issue to the member of bonus shares, with the consent of the member; or
as a loan to the co-operative:
with the consent of the member; or
(ii) if the rules of the co-operative authorise the amount of a rebate payable to a member under subsection (1)(a) to be applied as a loan to the co-operative.
(3) The amount of a dividend payable to a member under subsection (1)(c) may be applied:
(a) in payment for the issue to the member of bonus shares, with the consent of the member; or
as a loan to the co-operative:
with the consent of the member; or
(ii) if the rules of the co-operative authorise the amount of a dividend payable to a member under subsection (1)(c) to be applied as a loan to the co-operative.
(4) A loan to the co-operative authorised by the rules (as referred to in subsection (2)(b)(ii) or (3)(b)(ii)) is repayable at call and must bear interest at a rate not lower than the rate prescribed by the National Regulations.
In this section:
limited dividend means a dividend that is not more than the amount prescribed by the National Regulations.
This Act’s bill:Explanatory statement
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.